M'Phedron and Another v. M'Callum and others

Subject_1 Arrestment Subject_2 Ship Subject_3 Recal of Arrestment Subject_4 Consignation — Caution. Facts: An action having been raised against the owners of a ship, on the dependence of which arrestments had been laid on the ship, on the petition of the defenders the Court (following Stewart v. Macbeth , December 19, 1882, 10 R. 382 ) recalled the arrestments on consignation of the amount sued for and a sum to meet the expenses of the action.

John M'Phedron and John Currie presented this petition for recal of arrestments laid on their steamship the “Easdale,” on the dependence of an action against them for £176, 11s. 8d. at the instance of John M'Callum and others, the owners of the steamship “Hebridean.”

The petitioners averred that the action was called in Court on 25th October, and defences did not fall to be lodged till ten days thereafter. They were prepared to lodge defences when due, and to dispute the conclusions of the summons. They had offered to consign the sum sued for in the hands of the Clerk of Court, but the pursuers refused to withdraw their arrestments. Further, that they were under engagement to carry cargo, Page: 28 ↓

The petitioners argued that the sum offered by them for consignation was more than sufficient. The sum sued for in the action was illiquid, and they intended to dispute the amount of the claim. No prejudice would be caused to the pursuers in that action by recalling the arrestments, as the petitioners were resident in Scotland, and always within the jurisdiction of the Court. The petitioners, on the other hand,-had been suffering loss and damage as averred.

The respondents maintained that there should be consignation of a sum to meet the expenses of the action as well as the amount sued for— Stewart v. Macbeth , December 19, 1882, 10 R. 382 .